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Early Voting by Personal Appearance
26th Annual Election Law SeminarCities, Schools and Other Political Subdivisions
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Overview• Election Clerks• Early Voting Period• Main Early Voting Polling Place• Polling Place Procedure• Poll Watchers• Early Voting Roster• Reporting
Note: Unless otherwise indicated all statutory references are to the Texas Election Code
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ELECTION CLERKS
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Early Voting Clerk
• City Election – – City Secretary – is the early voting clerk for an
election ordered by an authority of a city.
• Election of Other Political Subdivision – – Appointed early voting clerk – by the authority
ordering the election
[§ 83.002]
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Sticky Situations
• Election Services Contract:• Joint Election Agreement
[§ 31.097]
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Deputy Early Voting Clerk
• Appointed to assist the EV Clerk• Same authority as the EV Clerk• Subject to EV Clerk’s supervision
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Deputy Early Voting Clerk
Permanent Deputy Early Voting Clerk
Temporary Deputy Early Voting Clerk
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Appointment Procedure
• Permanent EV Deputy – Eligibility:– not required to be qualified voter of the county
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Appointment Procedure
• Temporary EV Deputy Clerk - Eligibility Reqs:– meet requirements for service as presiding election judge
(§ 32.051), except:• not required to be qualified voter of any particular territory,
other than:– County – if appointed by county clerk; or– City – if appointed by city secretary;
• if EV clerk candidate, employee status does not make appointee ineligible;
• not required to be qualified voter if employed by county or city, but must be a qualified voter of any territory
[§ 83.032(b)]
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Student Election Clerk
• NEW LAW: Senate Bill 553 (2013)– Eligibility• ineligible to serve as election clerk under § 32.051(c)• meets requirements under § 32.0511(b)
– Compensation• same manner as other early voting clerks
– Maximum # of student clerks• not more than 4 student early voting clerks at an early
voting polling place
[§§ 32.0511, 83.012]
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EARLY VOTING PERIOD
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Early Voting Period• General Rule:– starts 17 days before Election day and ends the 4th day
before Election Day– Exception: May Uniform Date, Primary Runoff, Special
Runoff and delayed start• May Uniform Date– starts 12 days before Election Day and ends the 4th
day before Election Day
[§ 85.001(a)]
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Early Voting Period
May 2015 Election:
Monday, April 27, 2015(12th day before election day)
thru
Tuesday, May 5, 2015(4th day before election day)
[§ 85.001]
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Dates & Times
• Dependent upon who the EV Clerk is:–City Secretary–County Elections Officer–Other Officials
[§ 85.005(a)]
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City Secretary - dates & times
Where: main early voting polling place
When: weekdays during early voting period
Time: the hours that the secretary’s main business office is regularly open for business
[§ 85.005(a)]
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County Elections Officer – dates and times
Where: main early voting polling place
When: weekdays during early voting period
Time: the hours that the county election officer’s main business office is regularly open for business
[§ 85.005(a)]
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Other Officials – dates and times
Where: main early voting polling place
When: weekdays during early voting period
Time: at least 8 hours regularly open for business unless less than 1,000 registered voters
[§ 85.005(a)]
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Extended Hours - WeekdaysElection ordered by a city
Where: main early voting locationWhen & Time: - if ––one weekday for 12 hours IF:»EV Period – less than six weekdays; or
–two weekdays for 12 hours IF:»EV Period – 6 or more weekdays
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Extended Hours - Weekends• County Election Officer or City Secretary may
order by written order at the main early voting location
• Determine the extended hours on Saturday & Sunday
[§ 85.006]
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Extended Hours - Weekends
• Other Early Voting Clerk official – – The authority ordering an election may order
early voting at the main early voting location
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Early Voting - Weekends
• Voter Petition for Weekend Voting:– 15 registered voters– must order Saturday or Sunday early voting– may request day (Saturday or Sunday) but not
date or hours
[§§ 85.006, 85.007]
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MAIN EARLY VOTING POLLING PLACE
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Main Early Voting Polling Location
• Location dependent on who early voting clerk is– City Secretary –• must be in a building• hosts the main business office • select any room
[§§ 85.002(b)]
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Main Early Voting Polling Location
• Location dependent on who early voting clerk is– County Elections Officer (2 Rules)
[§§ 85.002(b)]
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General Election for State & County Officers;
Primary Election;Special Election Ordered
by the Governor;or
Countywide Election Held At The County’s
Expense
Main Early Voting Polling Location – – in a building that houses
the main business office of the county clerk
– can select any room in the building
[§§ 83.002, 85.002(b)]
=
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Less-Than Countywide Election Ordered By County Authority At
County’s Expenseor
Election Ordered by County Authority Not
County’s Expense
Main Early Voting Polling Location –
– early voting clerk must designate location
– polling place must be in the territory covered by the election
– polling place may be in the building that houses county clerk’s main business office, whether or not in the territory
[§§ 83.002, 85.002(c)]
=
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Main Early Voting Polling Location
• Location dependent on who early voting clerk is– Other Early Voting Clerk official –• authority who appoints clerk, designates
location• must be in the territory covered by the election
[§§ 85.002(d)]
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Note: Impracticable Location
• Determined by Commissioners Court• Select a different location that is:
(1) within the same city; and(2) located as near as practicable to the business office.
[§ 85.002(b)]
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Note: Election Contracts
REMEMBER• county clerk may be serving as early voting
clerk, therefore:– main polling location may be at county office
building
[Ch. 271, generally]
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Note: Fee for Use of Building
• IF building is normally open on each day of early voting – may not be charged for use of public building as a polling place
• IF not normally open – you may be charged only as reimbursement for actual expenses
[§ 43.033(a)]
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Note: Accessibility
• Remember – like an election day polling place, early voting location must be accessible
[§ 43.034(c), Ch. 469, Tex. Gov’t. Code]
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Branch Early Voting
• Are they required?• How many locations?• What are the hours?
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Notice of Election
• Must state:– location of main early voting location;– date early voting in person begins (if, other than
prescribed date);– regular dates & hours early voting in person will
be conducted;– dates and times of Saturday and Sunday voting if
ordered.
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Notice of Election
• Saturday or Sunday–72 hours before start of early voting–post notice of dates and hours
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Early Voting - Notice
• Branch Early Voting Polling Place– Note: although not required to list locations, dates
and hours, our office recommendation is to do so.
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POLLING PLACE PROCEDURE
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Polling Place Procedures - Ballots
• Early Voting Clerk’s initials – – on the back of each ballot to be used at the early
voting location
[§ 85.0311]
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Polling Place Procedures
• Official List of Registered Voters– must note on the OLRV that voter voted early
• Provisional Voter Poll List• Early Voting Rosters– by mail– in person– sticky situations – public information
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Ballot Box Security• Double-locked (two locks with two different keys)
and wire sealed– Early Voting clerk keeps key to one lock – Key to second lock – goes to person who gets the keys
to ballot boxes used on Election Day(county elections – usually the sheriff)
• Must not be unlocked until after delivery to early voting ballot board.
[§§ 66.060, 85.032, 85.033]
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Ballot Box Security• Overnight – must be kept in a safe place– Voting machine must be secured at close of each
day’s early voting
• Recommended – ballot box & voting machine be sealed with wire hasp seal each night & record kept of such seals
[§§ 85.032, 85.033]
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Ballot Box Security
• End of Early-Voting-In-Person– Ballot boxes and voting machines• Sealed with hasp seals• Transported to main early voting location (if
somewhere other than early voting clerk’s office); and• Secured in early voting clerk’s office or other secure
location
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Assistance to Voter
• Procedures the same as those on election day– except that only one election official instead of
two may assist
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Assistance to Voter
• NEW LAW (SB 910): procedure amended to provide that curbside voting conducted pursuant to § 64.009 –– Regular voting procedures modified to extent
necessary to conduct voting;• Modifications include: taking battery-powered DRE for
the voter to vote in lieu of paper ballot
[§§ 64.009, 85.034]
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Electioneering
• Person may not electioneer for or against any candidate, measure or political party within 100 feet of an outside door through which a voter may enter the building in which the polling place is located– Electioneering – posting, use, or distribution of
political signs or literature
[§§ 61.003, 85.036(a), 85.037]
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Electioneering
• NEW LAW (HB 259): Entity that owns or controls a public building– may not at any time during EV prohibit
electioneering outside 100 ft. area– may enact reasonable regulations regarding time,
place and manner
[§ 85.036(b)]
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Bystanders & Loitering
• Bystanders excluded from polling place• Loitering prohibited within 100 feet of the
outside door
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POLL WATCHERS
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• Appointment• Certificate• “Badge” NEW LAW (SB160)• Number of appointments• Hours of service
[Ch. 33]
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REPORTING
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Reporting to Canvassing Authority
• Early voting clerk delivers report of:– Total number of early voting votes for each
candidate and measure by election precinct